Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48830 of 2018 Applicant :- Bablu Alias Sunil Dutt Mishra And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Bharat Singh,Awadhesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit on behalf of the applicant is taken on record. Counter and rejoinder affidavits have been exchanged.
Heard Sri A,K,Pandey, learned counsel for the applicants and Sri Abhinav Prasad, learned A.G.A. appearing for the State and also perused the record.
It has been contended by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive and they have committed no offence. It is next contended that the matter pertains to a civil dispute between the parties and the mater has been dragged into criminal prosecution of the applicants. The complaint has been lodged on an application moved by the complainant under session 156(3) Cr.P.C. According to the medical report the injuries sustained by the injured were found to be 2-3 months back. The applicants are real brother and concision brother of the complainant.Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 6.12.2018.The applicants havee no other reported criminal antecedent.
Learned A.G.A. has vehemently opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22, the applicants are entitled to be released on bail.
Without expressing any opinion on the merits of the case let the applicants Bablu @ Sunil Dutt Mishra, Jitendra Kumar Mishra,Rajendra Kumar Mishra & Virendra Kumar Mishra involved in Case Crime No. 42 of 2017, under Sections 354-B, 323, 504, 506 I.P.C.,Police Station Khakhreru, District Fatehpur be released on bail on their furnishing a personal bond with two sureties (Rs. 2.00 lacs each)(One should be of a family member) to the satisfaction of court concerned with the following conditions:-
(i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicants is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
The trial court is directed to expedite the trial of the present case and conclude the same, preferably within a period of six months from the date of production of certified copy of the order, if there is no legal impediment.
Order Date :- 30.1.2019 IA